Dorothy Atkins
@doratki
5h
Good morning from San Jose! I'm here for what may be the last day of witness testimony (!) in Sunny Balwani's criminal fraud trial. Judge Ed Davila is on the bench and the attorneys are discussing some evidentiary issues before bringing in the jury.
Dorothy Atkins
@doratki
4h
Balwani's defense team was planning on calling an Orrick paralegal to admit certain doc (the Holmes' defense did this in her trial too) but they now don't want to call him b/c the judge admitted the docs. Prosecutor Robert Leach objects b/c he wants to cross examine the paralegal
Dorothy Atkins
@doratki
4h
Balwani's counsel says the paralegal doesn't know anything about the docs, but Leach says he's "leery" of dumping them on the jury "out of context" w/o the gov't's ability to cross the paralegal. (The gov't's cross of the paralegal in Holmes' trial was borderline absurd tbf.)
Dorothy Atkins
@doratki
4h
Balwani's counsel plans to call one expert witness to testify on the missing LIS database this morning, admit the docs, and then rest the defense case. The judge says he wants to review the docs before deciding whether they can be admitted w/o calling the paralegal.
Dorothy Atkins
@doratki
4h
The attorneys are now arguing over Balwani's motion to admit internal DOJ emails about the LIS database. The judge points out that the defense filed the motion late last night, which puts him at a disadvantage.
Dorothy Atkins
@doratki
4h
The judge says he has "great concerns" after reading the defense expert witness' declaration, which opines on facts that he isn't qualified to discuss. But the defense atty says his q's will be narrow. The judge admits the DOJ emails for notice, but not the truth of the matter.
Dorothy Atkins
@doratki
4h
The judge says he's going to excuse juror no. 5 due to "health concerns" and replace him with an alternate. Only one alternate left!
Dorothy Atkins
@doratki
4h
The jury is in the jury box, and Balwani's counsel called the defense's second, and likely final, witness: Richard L. Sonnier III. He's an expert witness to testify on the notorious missing Theranos LIS database. Here's more on that from my prior coverage:
A California federal judge appeared skeptical of ex-Theranos executive Ramesh "Sunny" Balwani's request to exclude broad categories of evidence from his upcoming criminal fraud trial due to a missing corporate database purportedly crucial to his defense, saying Theranos' WilmerHale attorneys...
t.co
Dorothy Atkins
@doratki
4h
Oh yeah, correction, I see there are 2 alternates left. The guy who watched an Elizabeth Holmes-inspired Law & Order episode w/ his wife is still on the jury, as is the engineer who seemed distressed when he was selected as an alternate.
Dorothy Atkins
@doratki
4h
Sonnier is on the stand, testifying about his experience in recovering encrypted databases. About 5 minutes into his testimony, a juror had a coughing fit, and we're taking a brief recess to let her recover. (This trial is never gonna end.)
Dorothy Atkins
@doratki
3h
BTW I covered another hearing in the NorCal federal courts the other day and another judge said the district is in "the worst emergency of our entire circuit" due to judicial shortages. Each judge has an avg of 817 cases and criminal cases are "exploding."
A California federal judge said Tuesday she'll approve Apple's $100 million deal resolving class antitrust claims by app developers, but told class counsel she wants more information about the "math" behind their $27 million attorney fee request and how much their fee bid will reduce claims by...
t.co
Dorothy Atkins
@doratki
3h
Judge Ed Davila has presided over Elizabeth Holmes and Sunny Balwani's criminal fraud trials for the past 10 months, and these trials are only in one case - not two. So that means ~816 other cases on the judge's docket have been going nowhere fast this past year.